J-A SPE7LX21R0063 Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX21R0063

DLA Land and Maritime J&A Other Than Full and Open Competition 2

Part # 33006-001 (Military Battery) 32364-001 (Commercial Battery) Applications C-17 Boeing 717-200, MD90-30 & others Description Vented NiCd 60M3X Cell Vented NiCd 75M3 Cell

Cell Capacity 60 AH 75AH Number of Cells 20 (p/n 32999-001) 7 (p/n 32495-002)

External Cell Dimensions 10.4 (includes vent cap), 3.14, 1.5 in 9.6 (includes vent cap), 3.12, 1.9 in Cell Weight 4.2 lbs 4.5 lbs

Internal construction (cells) Alternating PBE and Sintered Electrodes Alternating PBE and Sintered Electrodes

Cell Marking Face Mark:Part #, date code, contract # Side Marking: Cell Model #, date code, logo

Side Marking: Cell Model #, date code, logo

Battery Qualifications Modified and tested to meet C-17 platform FAA requirements

The Product Specialist certified that the technical information, including the approved source and AMC/AMSC codes, is complete and accurate on 7/8/2020. The PS also certified that the Government does not physically have in its possession accurate or legible data with which to purchase these parts, and that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

The procurement item description (PID) is included as Attachment 1.

The use of the authority cited is based on:

AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

AMSC C. This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid. --MarathonNorco (74025) is the only source approved by the design control activity, and Marathon retains the data rights, manufacturing knowledge, or technical data that is not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. While Government does possess drawings that are listed in the PID, the Product Specialist stated that they are all source-controlled, and the items must be procured from the listed source(s).

DLA Land and Maritime J&A Other Than Full and Open Competition 3

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

The acquisition will be synopsized on or about 5/5/2021. On its Issue Date, on or about 5/6/2021, the solicitation will be posted to DIBBS for 30 days for other interested businesses to access.

A sources sought notice was posted on 3/12/2021, looking for other sources who may want to submit alternate offers. The notice closed on 3/19/2021 with no responses.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

Cost or pricing data will not be required, except that uncertified data must be provided by the approved source, since they are a subsidiary of Transdigm. These items will be solicited using commercial procedures, which satisfies the exception for (certified) cost or pricing data listed at FAR 15.403-1 (b) (3). However, other-than cost data will be requested if needed. Per FAR 15.404-1(a)(2), a price analysis will be conducted. The price analysis will be performed using pricing on the past procurements, which were determined fair and reasonable. That past pricing will be adjusted by Producer Price indexes (PPIs) and learning curve analysis, as necessary, for comparison with proposed prices for this procurement. Negotiations will be held if needed. Other techniques or documentation may be utilized.

By using the above techniques, the Contracting Officer anticipates that the cost to the Government will be fair and reasonable.

8. Market Research/Efforts to Obtain Competition:

A sources sought notice was posted on 3/12/2021, looking for other sources who may want to submit alternate offers. The notice closed on 3/19/2021. No responses were received.

Market surveys were emailed 6/30/2020 to the approved source, MarathonNorco Aerospace, Inc.

(74025), and Satair USA, Inc. (63Y25), who has provided the item since 2012. Neither of these companies replied to the market surveys. The Contracting Officer sent a brief market survey email on 2/2/2021 to Satair, who holds the current LTC. The email resulted in a teleconference with the commercial sales group of Satair on 2/10/2021. The reps think that it should not be a problem to get the uncertified cost data from MarathonNorco. They are aware of the erroneous certifications in SAM. They are working with other divisions of the company so that the certifications are correct and consistent across the company. On 3/1/2021, Satair answered the market survey questions, stating that the current quantity ranges and delivery are good for the current solicitation. On 3/21/2021, Satair provided commercial information from MarathonNorco.

DLA Land and Maritime J&A Other Than Full and Open Competition 4

Commercial Determination:

The table in paragraph 5 above shows the similarities between the military battery and a similar commercial battery also manufactured by the approved source. The cells of the batteries have the same internal construction, same chemistry, similar weight, and similar dimensions. Based on the current LTC for these items being commercial and the commercial information provided, the Contracting Officer determines the items being procured to be commercial “of a type” customarily used by the general public, as defined in the FAR:

FAR 2.101

“Commercial item” means

(1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and-

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public.

9. Additional facts supporting other than full and open competition are:

The Product Specialist certified (Attachment 2) that all means to obtain a technical data package adequate for manufacture of the item have been exhausted.

10. A listing of business sources, indicating an interest in the acquisition is:

Satair USA, Inc. (63Y25), a large business dealer

11. Actions being taken to overcome barriers to competition:

DLAD Procurement Notes L04, Offers for Part Numbered Items, will be included in the solicitation. Provision M06, Evaluation of Offers for Part Numbered Items, will also be included.

12. Attachment 3 is a copy of the J&A from the prior/current LTC.

Attachments:

1 PID-PKG R0063

2 Tech Cert CL20182163 3 Previous J-A SPE7MX17D0100

DLA Land and Maritime J&A Other Than Full and Open Competition 5

CONTRACTING OFFICER CERTIFICATION

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

614-692-9252

REBECCA S. HALTEMAN Date Phone Contracting Officer

Approval/Certification

I have reviewed and approve this justification. The estimated total value of the J&A is

614-692-3760 MARY E. SHEARER Date Phone Competition Advocate

MARK A. BROWN, SES Date Acquisition Executive Head of the Contracting Activity (HCA)

APPROVAL REQUIREMENTS

( ) Up to $750,000 Contracting Officer

( ) $750,000 to $15,000,000 Competition Advocate

(X) $15,000,00 –$100,000,000 Head of the Contracting Activity (HCA)

( ) over $100,000,000 Senior Procurement Executive (AQ)

HALTEMAN.REBE

CCA.S.1273657475

Digitally signed by

HALTEMAN.REBECCA.S.12736

57475 Date: 2021.04.26 16:39:47 -04'00'